Motion to Set Aside an Ex Parte Order in Ontario- Form S2

The “Motion to Set Aside an Ex Parte Order – Form S2” is a legal document used by tenants or co-op members to request the Landlord and Tenant Board to revoke an ex parte order, which was made without their presence or input. It requires the filer to explain the reasons for the request, ensuring the motion is filed no later than 10 days after the order was issued to stay the enforcement of the order until a hearing is scheduled. This form also includes sections for the filer’s signature, contact information, and provisions for requests for French-language services or accommodations under the Ontario Human Rights Code.

An ex parte motion is a request made to the court by one party without the need for a formal hearing with the other party present. This type of motion is typically used in situations requiring immediate attention or action from the court where notifying the other party and waiting for their response could result in irreparable harm or injustice.

An ex parte hearing is a legal proceeding where one of the parties involved presents their arguments or evidence to the judge without the presence of the other party. The term “ex parte” comes from Latin and means “from (by or for) one party.” These hearings are typically used in situations where immediate and irreparable harm could occur if the court does not act quickly. Because only one side is heard, ex parte orders or decisions are usually temporary and are often followed by a full hearing where both parties are present and have the opportunity to present their case.

Filling out this form involves several steps that are straightforward but require attention to detail. Before you begin ensure you have all the necessary information ready, including the ex parte order date, the file number, and detailed reasons for the motion. Have your personal details and any relevant documentation at hand.

Section by Section Guide

Header Section

• Between: Enter the names of the parties involved, typically the landlord or co-op name and the tenant or co-op member name.
• Landlord/Co-op Name: Fill in the name of the landlord or co-operative housing corporation.
• Address of Rental Unit/Co-op Member Unit: Provide the complete address of the rental or co-op member unit concerned.

• File Number: Insert the file number of the ex parte order you wish to set aside.

Motion Details

• Tenant/Co-op Member Name: Write your name here.
• Motion to Set Aside the Order Dated: Enter the date of the ex parte order you are challenging in the dd/mm/yyyy format.
• Explain why you think the order should be set aside: In this section, provide a clear and concise explanation of why the order should be nullified. Be specific and refer to any relevant laws, regulations, or facts.

Procedure

• Understand that you must submit this motion to the Landlord and Tenant Board within 10 days after the order was issued.
• Once filed, the Board will schedule a hearing. It’s important to take the Notice of Hearing and a copy of the motion to the Sheriff’s office immediately.
• Filing within the 10-day period will stay the order, meaning it cannot be enforced until the Board makes a decision.

Signature and Date

• First Name & Last Name: Enter your first and last names accordingly. If you are representing the tenant or co-op member, enter your names.
• Phone Number: Provide a contact number where you can be reached.
• Signature: Sign the form to validate it. If you are filling it out electronically, you may need to print it for signing.
• Date: Enter the date when you are filling out the form in the dd/mm/yyyy format.

Additional Requests

If you require French-language services or accommodation under the Ontario Human Rights Code for the hearing, specify your needs in the designated section at the bottom of the form.

• Request for French-Language Services: Check the box if you want the proceedings to be in French.
• Request for Accommodation under the Ontario Human Rights Code: Check the box if you need specific accommodations. Clearly explain what is required.

Final Steps

After completing the form, review all the information to ensure accuracy. Submit the form to the Landlord and Tenant Board as per their guidelines, either through mail, in person, or electronically, depending on the options provided.

Remember, this form is a critical step in the legal process related to landlord and tenant disputes in Ontario. Take care to fill it out accurately and completely to support your motion effectively.